Bellamy J:

This appeal must be allowed, and the order of the Magistrate dated 1 August 1954 is set aside.

Before a maintenance order under the Married Women and Children (Maintenance) Ordinance, 1950 can be rescinded or varied by a Court there must be evidence before the Court either of a change in the circumstances of the person applying for rescission or variation of the order, or of some other good cause.

There was here no evidence whatsoever before the Magistrate of a change in the circumstances of the applicant, the husband.The Magistrate varied the order because the applicant, to quote the Magistrate's words, "must exercise strict economy in his expenditure." This was entirely irrelevant and could not amount to "good cause". As this was the only ground upon which the Magistrate varied the order, the order as varied cannot stand.

Appeal allowed.